STATE OF NORTH CAROLINA
v
.
Pitt County
No. 03 CRS 57879
RICKY ALAN HEATH
Roy A. Cooper, III, Attorney General, by Patricia A. Duffy,
Assistant Attorney General, for the State.
Thomas E. Fulghum for defendant-appellant.
MARTIN, Chief Judge.
Defendant appeals his conviction for providing fictitious
information to an officer. The facts pertinent to this issue are
as follows: On 22 June 2003, Officer Vicky Lynn Kelley stopped
defendant at a license checkpoint. When she requested his license,
he said that he did not have it with him, and she noticed a strong
odor of alcohol. She asked him for his name and date of birth, to
which he responded that he was David Cannon, born on 9 July 1950.
Defendant was unable to perform a field sobriety test, was arrested
for driving while impaired and subsequently blew a 0.17, more
than twice the legal limit of 0.08, on the intoxilyzer. At trial,
Officer Kelly positively identified defendant as the person she
arrested that evening. Upon arrival at the station, Officer Kelley attempted to
identify David Cannon's driving record, but was unable to find a
David Cannon born on 9 July 1950. She queried defendant about his
age, and he responded that he was fifty years old. Officer Kelley
told defendant that he could not be 50 years old and be born in
1950. He then told her he was born in 1952. Officer Kelley was
then able to retrieve David V. Cannon's license from the department
of motor vehicles registry and determined that it was revoked.
Officer Kelley further testified that the bondsman who bonded
defendant out of jail informed her that he was not David Cannon,
but in fact Ricky Heath. She retrieved pictures of both David
Cannon and Ricky Heath and confirmed that she had arrested Ricky
Heath. Defendant was indicted for habitual driving while impaired,
driving while impaired on or about 22 June 2003, driving while his
license was revoked, and providing fictitious information to an
officer. Defendant stipulated that his license was revoked on 22
June 2003. The State presented evidence showing that defendant
pled guilty to driving while impaired on 14 October 1998, 10
February 1999, and 7 November 2001. Defendant presented no
evidence.
The jury found defendant guilty of habitual driving while
impaired, driving while his driver's license was revoked, and
giving fictitious information to an officer. Judgment was arrested
on the driving while impaired charge. Defendant was sentenced to
consecutive sentences of 25 to 30 months for habitual impaired
driving, 120 days for driving while license was revoked, and 60days for providing fictitious information to an officer. Defendant
appeals.
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